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/ (b) The applicant shall have the burden of proving at the hearing that the variance will not cause or allow any of the following effects associated with hazardous waste or extremely hazardous waste: (1) The creation or increase of significant present or future hazards to public health. (2) Any significant diminution of the ability to mitigate any signifi- cant potential or actual hazard to public health. (3) Any long-term increase in the number of humans or animals exposed to significant hazards which affect the health, well-being, or safety of the public. (c) If, upon the preponderance of the testimony taken, the director is of the opinion that the variance should be granted, the director shall issue and cause to be served his or her decision mad findings of fact on the owner of the land, the legislative body of the city or county in whose jurisdiction the land is located, mad upon any other persons who were permitted to intervene in the proceedings. The findings of fact shall include the exact nature of the proposed variance and the reasons in support of the granting of the variance. (d) If the director is of the opinion that the variance should not be granted, the director shall issue and cause to be served his or her findings Of fact in support of the denial oa the parties mentioned in subdivision (c) . ) The department aa al decision made by the director pursuantto this section as provided in Seay c[a on 25235. (f) A decision of the director made after a hearing held pursuant to this section shall be revievable pursuant to Section 1094.5 of the Code of Civil Procedure and shall be upheld if the court finds that it is supported by substantial evidence. (Amended by Stats. 1984, Ch. 1736.) 25234• (a) Any aggrieved person may apply to the department to remove a designation that the land is a hazardous waste property or a border zone property on the grounds that the waste no longer creates a significant existing or potential hazard to present or future public health or safety. No person shall make a subsequent application pursuant to this section within 12 months of a final decision. on an application by the department. Any application shall contain sufficient evidence for the department to make a finding upon any or all of the following grounds: (1) The hazardous waste which caused the land to be designated has since been removed or altered in a manner which precludes any significant existing or potential hazard to present or future public health. (2) New scientific evidence is available since the designation of the land or the making of any previous application pursuant to this section, concerning either of the following: (A) The nature of the hazardous waste which caused the land to be designated. (B) The geology or other physical environmental characteristics of the designated land. -163- .